BNS Section 143: Trafficking of Person
Section 143 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita Act, 2023. It addresses the grave offense of trafficking in persons. This provision aims to combat the exploitation of individuals through force, fraud, or coercion for purposes such as forced labor, sexual exploitation, or other forms of abuse.
Definition of BNS Section 143
Section 143 of the BNS 2023 States:
(1)Whoever, for the purpose of exploitation recruits, transports, harbours, transfers,
or receives a person or persons, by—
(a) using threats; or
(b) using force, or any other form of coercion; or
(c) by abduction; or
(d) by practising fraud, or deception; or
(e) by abuse of power; or
(f) by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking.
Explanation 1.—The expression 'exploitation' shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced removal of organs.
Explanation 2.—The consent of the victim is immaterial in determination of the offence of trafficking.
(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.
(3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
(4) Where the offence involves the trafficking of a child, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(5) Where the offence involves the trafficking of more than one child, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine.
(6) If a person is convicted of the offence of trafficking of a child on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
(7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
Explanation and Illustration of Section 143 (Bharatiya Nyaya Sanhita, 2023)
The term 'exploitation' covers acts of physical exploitation, sexual exploitation, slavery, practices akin to slavery, servitude, forced beggary, or the coercive removal of organs. The victim's consent is irrelevant in determining the offense of trafficking.
- Punishment for Trafficking: Anyone convicted of trafficking faces rigorous imprisonment ranging from a minimum of seven years to a maximum of ten years, along with a fine
- Trafficking of Multiple Persons: If the offense involves trafficking more than one person, the punishment includes rigorous imprisonment of no less than ten years, which may extend to life imprisonment, and a fine
- Trafficking of a Child: Trafficking a child is punishable by rigorous imprisonment for a minimum of ten years, potentially extending to life imprisonment, along with a fine
- Trafficking of Multiple Children: If the offense involves trafficking more than one child, the punishment includes rigorous imprisonment of no less than fourteen years, which may extend to life imprisonment, and a fine
- Repeat Offenses Involving Children: A person convicted of trafficking a child on more than one occasion will be sentenced to life imprisonment, meaning imprisonment for the remainder of their natural life, along with a fine.
- Public Servants or Police Involvement: If a public servant or police officer is involved in trafficking, they will face life imprisonment for the remainder of their natural life, along with a fine.
Example 1:
Someone is recruiting women to another country, telling them they are hiring for a respectable position in the said country. After getting them into that country, they make the woman have sexual encounters with various clients. The individual deceives victims through false pretenses.
Legal Case: The organiser and exploiter of the females for sexual reasons is liable for Section 143. They may undergo imprisonment for the term of 7 to 10 years and it depends upon the number of victims and exploitation details.
Example 2:
Scenario: A group of traffickers kidnapped a child from a local park and compelled the child to beg on the streets. The traffickers used force and threats to make sure that the child would not try to escape.
Legal Result: The traffickers are convicted of trafficking the child and will receive a minimum of 10 years of rigorous imprisonment, with a possibility of life imprisonment and a fine.
Example 3:
Scenario: A policeman assists a group of traffickers by using his or her status to prevent law enforcement from tracking down and saving the trafficked persons. The trafficked people are compelled into working in underground factories.
Legal Conclusion: The policeman is a trafficker by virtue of Section 143, and he will be sentenced for life imprisonment since he has abetted and assisted the offense. The policeman is also liable to a fine.
Key Points in Section 143
By criminalising trafficking, Section 143 underscores the importance of protecting human dignity and preventing modern forms of slavery. As per the Section 143:
- Acts of Trafficking include Recruitment, transportation, harbouring, transfer, or receipt of a person for exploitation.
- Exploitation like Physical, sexual, slavery, servitude, beggary, forced organ removal.
- As per law the Consent is irrelevant in trafficking cases.
- Methods of Trafficking includes:
- Threats: Using threats to force trafficking
- Force/Coercion: Using physical or psychological pressure
- Abduction: Kidnapping or forcibly taking someone
- Fraud/Deception: Misleading or lying to exploit
- Abuse of Power: Exploiting authority for trafficking
- Inducement: Offering money or benefits to gain consent.
- Punishment as outlined by law include:
- General Trafficking: 7-10 years imprisonment, and fine
- Multiple Victims: 10 years to life imprisonment, and fine
- Child Trafficking: 10 years to life imprisonment, and fine
- Multiple Children: 14 years to life imprisonment, and fine
- Repeat Offenders (Child Trafficking): Life imprisonment, and fine
- Public Servants/Police Officers: Life imprisonment, and fine.
Differences Between Section 143 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 143 and its equivalent Indian penal code IPC Section 370 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 143 | Trafficking of a person. | 370 | The word 'minor' is replaced by 'child'. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 143 of the Bharatiya Nyaya Sanhita (BNS)
What is the penalty for trafficking a child?
Trafficking a child is punishable with rigorous imprisonment for a minimum of ten years, which may extend to life imprisonment, and a fine. The law provides stricter penalties to safeguard children.
How does the law address trafficking of multiple children?
If multiple children are trafficked, the offender faces rigorous imprisonment of at least fourteen years, which may extend to life imprisonment, along with a fine.
What happens in cases of repeat offenses involving child trafficking?
A person convicted of trafficking a child more than once is sentenced to life imprisonment for the remainder of their natural life and is also liable to pay a fine.
How are public servants or police officers involved in trafficking penalized?
Public servants or police officers found guilty of trafficking face life imprisonment for the remainder of their natural life, along with a fine, reflecting the severity of their breach of trust.
What is the significance of Section 143 in combating trafficking?
Section 143 strengthens India's legal framework against trafficking by imposing strict penalties, ensuring justice for victims, and deterring perpetrators, including those in positions of authority.
Does Section 143 address organ trafficking?
Yes, forced removal of organs for commercial or other purposes is considered a form of exploitation under Section 143, making it a punishable offense.
How does Section 143 protect victims?
By penalising traffickers and recognizing exploitation in various forms, Section 143 seeks to uphold the dignity and rights of victims while ensuring their protection from further harm.
